Tác giả: sblaw

Foreign investment in Vietnam: Can investors open an investment capital account and transfer capital contributions before obtaining an Investment Registration Certificate?

Question: Our company is preparing to establish a foreign-invested economic organization in Vietnam to implement a technology project. During this investment preparation phase, we incur various lawful expenses and need to receive capital from foreign investors for payment. May we open an investment capital account and transfer capital contributions into such account prior to the […]

Acts of infringement upon rights to trademarks

Question I am the owner of a business and have registered a trademark for my products. Recently, I discovered that another party has been using a sign similar to my trademark on its products and packaging. Would this constitute an infringement of my trademark rights? Answer: 1/ Concept of trademark: Pursuant to clause 16 Article […]

Is a Will Valid if Made When Parents are No Longer Lucid?

Question: I am living abroad. Recently, I learned that my father in Vietnam made a will leaving all real estate to my youngest sibling. However, at the time of making the will, my father suffered from severe dementia (Alzheimer’s), often failed to recognize his children, and was undergoing hospital treatment. Is this will legal? If […]

Do Electronic Contracts Have the Same Legal Validity as Paper Contracts? How Should Enterprises Store Electronic Contracts to Ensure Their Evidentiary Value?

Question: Our company is transitioning from paper contracts to electronic contracts. Do electronic contracts have the same legal validity as paper contracts? How should the company store electronic contracts to ensure their evidentiary value in the event of a dispute? Answer Under the 2023 Law on Electronic Transactions, a data message cannot be denied legal […]

Can a Company Authorize an Employee to Sign Contracts on Behalf of the Legal Representative? How Should the Scope of Authorization Be Defined?

Question: Our company intends to authorize an employee to sign contracts with customers and business partners on behalf of the legal representative. Is such authorization legally permitted? How should the scope and duration of the authorization be defined to ensure the legal validity of the contracts? Answer: Identifying the legal representative and their authority Under […]